Dangerous Medicine
The U.S. Food & Drug Administration (“FDA”) regulates the pharmaceutical industry to ensure the safety of American citizens. Unfortunately, even strict oversight doesn’t prevent manufacturers from putting dangerous drugs on the market. Drug companies hide the dangerous effects of their products in several ways:
- Conducting studies with small groups of people, which makes it difficult to identify adverse reactions
- Limiting the amount of time they spend studying the side effects of a drug
- Omitting negative results from the reports they submit to the FDA
Defective Medical Devices
If a defective medical device causes an injury, you have the right to sue the manufacturer under Georgia’s product liability laws. You also have the right to file a wrongful-death suit if your spouse, child, or parent dies as the result of using a defective medical device. For example, ‘intrauterine’ devices (IUDs) are used to prevent pregnancy, but they also cause serious injuries in some women. As a result, IUDs may be classified as defective medical devices.
Multidistrict Litigation
In some cases, a dangerous drug or defective medical device injures so many consumers that the courts cannot handle every case individually. In a process called multidistrict litigation (MDL), courts consolidate the cases in front of a single judge for purposes of civil discovery. As in a class action, the plaintiffs’ cases are consolidated for the initial discovery phase, but unlike a class action, the cases can proceed to trial separately.
When hundreds or thousands of people are injured by the same medication or medical device, the judge may decide to use “bellwether” trials to determine whether the cases should be settled out of court. A bellwether trial can help to determine a reasonable settlement amount for each plaintiff. Usually, courts choose one or more representative cases and set those cases for a bellwether trial.
Contact Georgia Product Liability Lawyer
A Georgia product liability lawyer knows that manufacturers are typically held to a standard of strict liability. If a manufacturer sells a bad drug or defective medical device, and the bad drug or dangerous product injures someone, the company can be held responsible in court.
Merck, Johnson and Johnson, Boston Scientific, GlaxoSmithKline, and other major pharmaceutical companies make billions of dollars each year. When they release products that harm consumers, they should be held accountable. Our product liability lawyers know how to review medical records, conduct investigations, depose doctors and experts, and work with our own expert witnesses to determine if a dangerous pharmaceutical product caused an injury.
Because pharmaceutical companies and medical device manufacturers have a great deal of resources, they have teams of attorneys. That’s why anyone injured by a medication or medical device should seek the advice of an experienced injury attorney as soon as possible.
We’ve travelled across the country fighting drug and medical device companies and their defense lawyers.